Category: Legal Tips

Political Parties Urged to Commit to No Fault Divorces

Politicians across all parties are being lobbied to embrace no-fault divorces in their manifestos for the forthcoming General Election.

Research conducted by family law body Resolution has found that the vast majority of family law practitioners believe the time has come to modernise divorce law. The findings echo those of a YouGov poll conducted earlier in the year, in which more than two thirds of people feel that no-fault divorce should be available to all.

With more than 40 percent of marriages ending in divorce, the sentiment will certainly find agreement with anyone looking to find a family law firm in London, who will already be going through one of the most difficult experiences imaginable. The current need to play the “blame game” on top of everything else is seen by most as an unnecessary requirement that simply adds to the stress and worries for all concerned.

The current rules

Unless couples have been apart for more than two years, it is necessary to cite adultery or unreasonable behaviour, such as physical or verbal abuse, drug-taking or refusing to contribute financially to the household, as a reason for divorce.

Yet all this really achieves is a blame culture that exacerbates conflict between the parties and makes it less likely for them to part amicably and reach a mutual understanding regarding important aspects such as finances and childcare.

The no-blame divorce

The concept of a no-blame divorce is not a new one, and is enshrined in the family law of many countries, including The Netherlands, Spain, Australia and certain states in the USA.

It makes sense, as there is overwhelming research evidence that the majority of divorces do not come about as a result of adultery or “unreasonable behaviour,” as defined in the current statutes. This leaves the divorcing parties with the choice of either waiting till they have been apart for two years so that they can cite “desertion” or coming up with a reason along the lines of adultery or unreasonable behaviour, purely for the purposes of getting the divorce application in.

Whichever way you look at it, the system is clearly not fit for purpose as it currently stands.

Separation rules

Some argue that the “two year separation” rule has sound logic behind it, as a reverse application of the “marry in haste, repent at leisure” proverb. However, even they generally advocate a change to the current rules.

Resolution’s proposal is to provide the option for a no-fault divorce if either party gives formal notice that the marriage has broken down irretrievably and remains of the same view six months later.

Reducing the two year timeframe in this way could certainly be a solution that works better for everyone.

A “half way house” would be to follow the model adopted in Scotland, where couples can mutually agree to divorce after 12 month of separation. The effect of this has been that family lawyers now actively encourage parties to wait for the specified period instead of citing unreasonable behaviour or adultery, resulting in a more amicable divorce process for all concerned.

What route the political parties will take is yet to be seen, but there can be little doubt that divorce law is long overdue an overhaul. Now is the perfect time to get it to the top of the political agenda.

From the onset, your business strategy should satisfy the legal requirements of your industry. It’s important that you always operate within the legal bounds of your particular industry or business. Giving the necessary time, attention an effort to the legal side can save you many hurdles down the road. Here are some tips to help you make the best out of your legal strategy:

You’ll need more than you expect

It is always easier to underestimate the various legal expenses. However, these legal fees have the tendency to add up and turn into a large unexpected upfront investment. You should take enough time and have enough buffer in your budget for any unexpected additional fees. A consultation with your attorney is recommended to work out an estimate of the legal fees from the start.

In addition to the legal fees, there are also license fees, bonds, license filling fees. It is a good idea to speak with other entrepreneurs to determine an estimate of these various costs. If you are not careful with your budgeting, you might end up dipping into funds best spent for other business objectives. As a rule of thumb, assume you’ll need twice as much as you previously anticipated.

Make sure you have the right attorney for each task.

The attorney you work with should be specialized in the given field. To obtain patents, for example, work with a patent attorney. The in-depth knowledge of an attorney well-versed in the specific field will serve you well and save you time and money. You’ll spend more in the long run if you opt for a general practice lawyer, whose expertise is not directed to the field in question.

Make sure you are covered and not breaking the law.

Not having your legal aspect in order will not only cost you financially, with all the eventual fines you’ll find yourself forced to pay, it will also cost you your reputation with customers. Keeping up with the competition should not lead you to overlook the legal aspect and risk squandering an damaging your image with customers. It’s important to work with trusted legal advisors to make sure you are always operating within legal bounds.

Run legal processes in parallel; don’t wait.

You don’t have to wait for a legal process to be complete to start another. You can build areas of your business where legal clearance is not required, while you wait for the other areas to get the necessary clearance. If a state holds you back with a given regulation, you can launch your business in another state while waiting for the previous regulations to be cleared. It’s like a continuous switch and resume, making you use your time wisely and effectively. These steps will help you grow as quickly and as wisely as possible.

It’s important to remember, however, that just because a thing is legal it doesn’t mean it’s always right. You need to focus on the values of your business. These values and intents should be your primary drives, while still operating within legal bounds.

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"Legal matters are not easy to handle as it needs expertise. Once trapped in the net of legal web, it takes years to find a way out". In this blog, Brandon aims to help people in saving their time and visiting the court for hearings and getting embarrassed in the public.